Written office policies
(1)The district attorney in each county shall develop and formally adopt written office policies concerning all of the following subject areas:
(a)Pretrial discovery, including:
(A)The process for obtaining discovery.
(B)Compliance with discovery obligations required by Oregon and federal law.
(C)Existing agreements with law enforcement agencies on data retention and data sharing.
(D)Costs charged for discovery materials.
(b)Prosecutorial ethics, including compliance with the rules of professional conduct adopted under ORS 9.490 (Formulation of rules of professional conduct).
(c)Confidentiality, including obtaining and handling confidential information.
(d)The use of certified law students.
(e)Charging decisions concerning:
(A)Driving under the influence of intoxicants under ORS 813.010 (Driving under the influence of intoxicants) or 813.011 (Felony driving under the influence of intoxicants).
(B)Controlled substance crimes.
(C)The aggregation of property offenses under ORS 164.043 (Theft in the third degree), 164.045 (Theft in the second degree), 164.055 (Theft in the first degree), 164.057 (Aggravated theft in the first degree), 164.061 (Sentence for aggravated theft in the first degree when victim 65 years of age or older), 164.098 (Organized retail theft), 164.125 (Theft of services), 164.140 (Criminal possession of rented or leased personal property), 164.367 (Determining value of damage), 165.013 (Forgery in the first degree), 165.055 (Fraudulent use of a credit card), 165.694 (Aggregation of claims) or 165.803 (Aggravated identity theft).
(D)Crimes constituting domestic violence as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290).
(F)Crimes requiring mandatory minimum sentences.
(f)The decision whether to present evidence for purposes of seeking the death penalty under ORS 163.150 (Sentencing for aggravated murder).
(h)Civil compromise under ORS 135.703 (Crimes subject to being compromised) to 135.709 (Exclusiveness of procedure).
(j)Requests for the imposition of fines and fees, including attorney fees for appointed counsel.
(k)If an early disposition program exists in the county, eligibility and standard disposition recommendations.
(L)If any treatment court exists in the county, eligibility and standard disposition recommendations.
(m)If any pre-arrest diversion program exists in the county, eligibility.
(n)The consideration of collateral consequences of conviction, including immigration consequences.
(o)Sentencing programs, including alternative incarceration programs, conditional release, work release, earned sentence reductions and short-term transitional leave.
(p)The filing of an affidavit and motion for change of judge under ORS 14.260 (Affidavit and motion for change of judge).
(q)Victim engagement and involvement, including but not limited to involvement in charging decisions.
(r)Pretrial release under ORS 135.230 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court), including the amount of security release requested for charged offenses and objections to release.
(s)Guilty except for insanity dispositions.
(2)The district attorney shall ensure that the policies described in subsection (1) of this section are available to the public on the district attorney’s website.
(3)No later than five years after the initial adoption of the policies described in subsection (1) of this section, and every five years thereafter, the district attorney shall:
(a)Review the policies, make revisions to the policies as necessary and readopt the policies; and
(b)Make the revised policies available to the public on the district attorney’s website. [2019 c.446 §1; 2021 c.329 §1]
Section 8.705 — Written office policies,